Restraining Orders Made Simple
Restraining Orders Made SimpleProtective orders, often referred to as restraining orders, are filed for a number of reasons. Sometimes courts grant orders for protection to serve the best interest of both parties. The reasoning behind this is that each party may need time apart to recover.
The Oklahoma Domestic Abuse Act states that victims of stalking, harassment, or rape who are minors aged 16 or 17 years old, emancipated minors, or adults may seek relief. Victims may file a petition for a protective order with the district court in their home county. They can also file the petition in the county where the incident occurred. Okla. Stat. tit. 22 § 60.2
Protective Orders in Okmulgee, Oklahoma
Ex parte temporary protective orders are available for petitioners in need of immediate relief. These protective orders prohibit the named defendant, or respondent, from contacting the petitioner.
Due to their quick execution, emergency protective orders only require the accusing party to be present. At the same time, the court schedules a hearing where both parties can appear and argue for or against the reasons for the protective order. This is called a show cause hearing. The hearing is typically set two weeks from the ex parte order.
The ex parte procedure lets courts quickly grant protective orders to protect victims from further abuse while affording the defendant an opportunity for due process where they may confront their accuser. At the show cause hearing, a court may issue a permanent protective order. The maximum length for a protective order is 5 years or 60 months. Okla. Stat. tit. 22 § 60.4. Protective orders of this length are normally called permanent orders even though they are not permanent.
Protective orders usually prevent any form of physical contact, however, they may also prohibit other forms of contact. Oklahoma law prohibits contacting a victim via a third party as well. Any attempt to violate the protective order in such a way may result in prosecution on misdemeanor charges or, when the violations are repeated or cause injuries, felony charges.
Contact includes but is not limited to:
- Appearing in the victim’s sight, or following the victim;
- Speaking, confronting, or even approaching the victim;
- Leaving any object at the victim’s property;
- Appearing at the job, home, or other personal property of the victim;
- Electronic communication, which includes calling, texting, emailing, or contact through social media.
If you are accused of violating a protective order, call Wirth Law Office – Okmulgee to speak with a criminal defense attorney.
Protective Orders Violations
Protective orders only restrain the respondent or defendant. Depending on where the order is filed, it may call the accused party by either term. The plaintiff – the person who sought the protective order – is not restrained from contacting the defendant unless the defendant has also sought a protective order against the plaintiff.
Because protective orders are often one-sided, a plaintiff can initiate contact that may result in the defendant’s arrest for a violation of the n0-contact order. Or, a plaintiff might inadvertently put the defendant in a compromised position such as by shopping in a store where the defendant is shopping. Inadvertent contact can nonetheless result in the defendant’s arrest.
First-time offenders face misdemeanor charges. Penalties for a misdemeanor violation max out at a year in county jail and a $1,000 fine. A second violation of a protective order may result in felony charges, with as much as three years in prison and a fine upwards of $2,000 but no more than $10,000. Okla. Stat. tit. 22 § 60.6
If violations result in the injury or harm of the victim, prosecutors might file felony charges, with potential penalties of one to five years in prison, a fine of up to $5,000 or both. Okla. Stat. tit. 22 § 60.6
Protective orders can also limit other rights, such as the right to own and use firearms. Protective orders are visible on public court records, which in turn are usually available online. A protective order can severely damage a person’s reputation and their employment prospects.
Low-cost Consultation with an Okmulgee Protective Order Defense Attorney
Lawmakers created orders of protection to stop spiraling conflict that often affects domestic relationships. While protective orders sometimes stop matters before they escalate, they are widely abused as a way of criminalizing the conduct of an intimate partner for revenge, out of vindictiveness or to gain an advantage in divorce and child custody proceedings.
If you’ve been targeted with a protective order, you have only a short time to defend your name. Call (918) 756-9600 to set up your initial strategy session with an Okmulgee criminal defense attorney. You can also step up your consultation through the form found on this page. One of our restraining order attorneys in Oklahoma will get back to you by phone or email.
